Terms of service

Terms of Use

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Overview

This website is operated by apartir. Throughout the site, the terms "we", "us" and "our" refer to àpartir. apartir offers this website to you conditioned on your acceptance of all terms, conditions, policies and notices contained herein. The website includes all information, tools and services made available to you through the site.

By accessing or purchasing from our site, you agree to use our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms"), including any additional terms, conditions and policies referenced and/or linked herein. These Terms of Use apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.

Please read these Terms of Use carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions herein, then you may not access the website or use any part of the Service. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of these Terms at any time at this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after any changes are posted will be deemed to be acceptance of those changes.

Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform for selling our products and services.

Article 1 - Online Store Terms of Use

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Site.

You may not use our products for any illegal or unauthorized purpose or, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).

You may not transmit any worms, viruses, or any code of a destructive nature.

Any breach or violation of these Terms will result in an immediate termination of your use of the Service.

ARTICLE 2 - GENERAL

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.

The headings used herein are included for convenience only and will not limit or affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We assume no liability if information made available on this site is inaccurate, incomplete or not current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources. Any reliance on the material on this site is at your own risk.

This site may contain historical records. Historical records are not necessarily current and are provided for your reference only. We reserve the right to modify the content of this site at any time, but we are under no obligation to update any information on this site. You agree that it is your responsibility to check this site periodically for changes.

Article 4 - Changes to Service Content and Prices

Prices for products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.

We shall not be liable for any damages suffered by you or any third party resulting from any modification, price change, suspension or discontinuance of the Service.

Article 5 - Products or Services (if applicable)

Some products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

While we attempt to display as accurately as possible the colors and images of the products that appear on our store, we cannot guarantee that your computer monitor's display of those colors will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on an as-needed basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product for sale at any time. Any offer for any product or service on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to contact you using the email address and/or billing address and/or telephone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.

For more information, please see our Return Policy.

Section 7 - Optional Tools

We may provide you with access to external tools over which we do not monitor, control, or have any input.

You acknowledge and agree that we provide access to such external tools on an "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement whatsoever. We shall not be liable for any damages arising out of or relating to your use of optional external tools.

Any use of optional tools made available through this site is at your own risk and discretion, and you shall be fully aware of and agree to the terms and conditions of the external provider providing the tool.

We may also offer new services and/or features through this website, including, without limitation, the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Use.

Section 8 - Third Party Links

Certain content, products and services available through our site services may include materials from third parties.

External links posted on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any loss or damage related to the purchase or use of goods, services, resources, content, and any other transactions made in connection with third-party websites. Please carefully review and understand the policies and practices of the third-party provider before engaging in any transaction. You should contact the third party directly for any complaints, claims, concerns, or questions regarding third-party products.

Section 9 - User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay compensation for any Comments, or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, infringes intellectual property or violates these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, human rights or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, violent or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone else, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

Your submission of personal information through our store is subject to our Privacy Policy. To view our Privacy Policy, please click on [Link to Privacy Policy].

Article 11 - Errors, Inaccuracies and Omissions

This Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in any part of the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No stated revision or update date in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Conduct

In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit the commission or participation in any illegal activities; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, hate, slander, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, farm, pretext, spider, crawl, scrape, (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or of any related website, other websites, or the Internet. If you engage in any of the prohibited activities, we reserve the right to terminate your use of the Service or any related website.

Article 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall àpartir, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, direct, indirect, incidental, punitive, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our service or any products purchased using our service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of our service or any content (or products) posted, transmitted, or otherwise made available via our service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless àpartir and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, but such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION OF TERMS OF USE

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our services or by ceasing to use the website.

If we believe that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or may be denied access to our Services (or any part thereof) for the period up to and including the date of termination.

Article 17 - Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this website or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Article 18 - Governing Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of PIVOT Nayabashi 4F, 24-9 Meieki 5-chome, Nakamura-ku, Nagoya, Aichi Prefecture, 450-0002, Japan.

Article 19 - Changes to Terms of Use

You can review the most current Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service after any changes to these Terms of Use are posted constitutes acceptance of those changes.

Article 20 - Contact Information

If you have any questions regarding these Terms of Use, please contact us at info@apartir.jp.